How To Modify A Child Custody Order In Nebraska: A Step-By-Step Guide

Agreeing on divorce terms is challenging, especially when children are involved. The last thing you want is to worry about potential future changes. However, there may come a time when you need to seek a modification to your current custody arrangement. This article will help you understand the process, including:

• Understand when you need a custody modification and how to get it. 
• How to prepare for a custody modification hearing, including what documents to bring. 
• The typical timeline and potential outcomes of a Nebraska custody modification hearing. 

How Can Parents Determine If They Need A Custody Modification?

Once a custody order is in place, it remains binding until it is officially modified by the court. While you and the other parent can make informal agreements to adjust the terms, these will not be legally enforceable. Without a court order outlining any changes, either parent could revert to the original order and parenting plan at any time.

To make formal changes, you must obtain a court order of modification. This ensures that any new agreements are legally binding and enforceable.

What Documentation Is Needed To Request A Custody Modification?

In order to request a custody modification, you will need to file what is called a “complaint for modification”, which needs to be filed with the court and served on the other parent.

How Can I Prepare For A Custody Modification Hearing?

Modifying your current custody agreement involves two key steps:

1. Prove a Material and Substantial Change in Circumstances: You must demonstrate that there has been a significant change in circumstances since the current custody order was established. These changes must have occurred after the original order was entered and should not have been anticipated when the original order was made.
2. Prove It Is in the Child’s Best Interest: Based on these significant changes, you will need to show that modifying the current custody order is in the best interest of your child or children.

Attorney Will Finocchiaro is a diligent family law lawyer working in Omaha Nebraska to help families navigate divorces and custody conflicts. He has extensive experience working with parents before, during and after divorce to ensure optimal custody outcomes, or to obtain the necessary custody modifications.

Is there something wrong with your current custody arrangement? Need to request the court modify your custody situation? Contact Vacanti Shattuck Finocchiaro Attorneys today to schedule an initial consultation.

What Is The Typical Timeline For The Custody Modification Process?

In many cases, the court will require you to attempt mediation before filing a custody modification action. Mediation involves meeting with a neutral third party who will help you try to reach an agreement on the issues you want to modify. This is usually the first step and can take several weeks or months.

Although some parents may doubt the effectiveness of mediation, it’s important to attempt it to avoid the cost and stress of litigation if possible. In Nebraska, failure to attempt mediation can result in procedural issues, including the dismissal of your complaint or delays in the proceedings.

If mediation is unsuccessful and litigation becomes necessary, the entire modification process typically takes six to nine months from the initial filing to the final trial. While timelines can vary depending on the circumstances, this is a common timeframe for most custody modifications.

What Are The Potential Outcomes Of A Custody Modification Hearing? How Can An Attorney Help You Find The Best Result?

In an ideal scenario, the court may find that there have been sufficient material changes in circumstances to warrant modifying the current custody order, and that the proposed changes are in the child’s best interest. In this case, the court is likely to grant the modification.

However, the court might also determine that the changes in circumstances are not significant enough to justify a modification. If your request doesn’t pass this first hurdle, the court will deny the modification. Even if the court acknowledges significant changes, it may still decide that modifying the custody order is not in the best interest of the child.

Having an attorney on your side is crucial to achieving the best possible outcome. An experienced attorney can help you build a strong case by presenting clear evidence of material changes and demonstrating that the requested modifications are in your child’s best interest.

For more information on How To Modify A Child Custody Order In Nebraska, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.